[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Proposed Rules]
[Pages 45627-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0604]
RIN 1625-AA00


Safety Zone; Intermedix IRONMAN 70.3 Event, Savannah River; 
Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Savannah River during the Intermedix IRONMAN 70.3 
event on September 27, 2015. This regulation is necessary to protect 
the lives of the participants on the navigable waters of the Savannah 
River due to hazards associated with 3,600 IRONMAN athletes swimming in 
the Savannah River. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Savannah or a 
designated representative.

DATES: Comments and related material must be received by August 15, 
2015. Requests for public meetings must be received by the Coast Guard 
by August 7, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Christopher McElvaine, Marine Safety Unit 
Savannah Prevention Department, Coast Guard; telephone (912) 652-4353 
ext.221, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2015-0604 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0604 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request

[[Page 45628]]

for one, using one of the methods specified under ADDRESSES. Please 
explain why you believe a public meeting would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority 
to establish regulated navigation areas and other limited access areas: 
33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of life and vessels 
on a navigable waterway of the United States during the Intermedix 
IRONMAN 70.3 event.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish this safety zone to protect 
the lives of those near the Savannah River during the Intermedix 
Ironman 70.3 event. Approximately 3,600 participants will be swimming 
one mile on the Savannah River from the 5th Street Marina, river mile 
197, to the Boathouse at river mile 198.
    The safety zone will cover all waters from river mile 197 to river 
mile 198. During the swim portion of the event, no vessel may enter, 
transit through, anchor in, or remain within the safety zone unless 
authorized by the COTP Savannah or a designated representative. This 
proposed rule would be effective on September 27, 2015 from 7:30 a.m. 
until 11 a.m., or until all swimmers are out of the water.
    Persons or vessels desiring to enter, transit through, anchor in, 
or remain within the safety zone may contact the Captain of the Port 
Savannah by telephone at (912) 652-4353, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, anchor in, or remain within the safety zone 
is granted by the Captain of the Port Savannah or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Savannah 
or a designated representative. The Coast Guard will provide notice of 
the safety zones by Broadcast Notice to Mariners, and on-scene 
designated representatives.
    The COTP Savannah or a designated representative will inform the 
public through broadcast notice to mariners of the enforcement periods 
for this safety zone.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be effective for three 
and one-half hours and it will only be enforced during the Intermedix 
IRONMAN 70.3 event; (2) although non-participant persons and vessels 
will not be able to enter, transit through, anchor in, or remain within 
the event area without authorization from the Captain of the Port 
Savannah or a designated representative, they may operate in the 
surrounding area during the enforcement period; (3) non-participant 
persons and vessels may still enter, transit through, anchor in, or 
remain within the event area during the enforcement period if 
authorized by the Captain of the Port Savannah or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.
    Notifications of the enforcement periods of this safety zone will 
be made to the marine community through broadcast notice to mariners. 
Representatives of the COTP will be on-scene to coordinate the 
movements of vessels seeking to enter the safety zone. These 
representatives will authorize vessel transits into the zone to the 
maximum safely allowable during the Intermedix IRONMAN 70.3.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons: (1) The COTP 
Savannah may consider granting vessels permission to enter into the 
safety zone if conditions allow for such transit to be conducted 
safely, and (2) the safety zone will only be enforced during the event.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

[[Page 45629]]

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This proposed rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the creation of a temporary safety 
zone. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) and paragraph (35)(a), of the Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0604 to read as follows:


Sec.  165.T07-0604  Safety Zone; Intermedix IRONMAN 70.3, Savannah 
River, Augusta, GA.

    (a) Regulated Area. The following areas are safety zones:
    (1) Fixed Safety Zone. All waters of the Savannah River from the 
5th Street Marina, river mile 197, to the Boathouse at river mile 198 
in Augusta, Georgia.
    (2) Reserved.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
proposed safety zones unless authorized by the Captain of the Port 
Savannah or a designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zones may contact the Captain of the 
Port Savannah by telephone at (912) 652-4353, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the Captain of the Port Savannah or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Savannah or a designated representatives.
    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Effective period. This rule is effective September 27, 2015 
from 7:30 a.m. until 11 p.m. or until all swimmers are out of the 
water.

    Dated: July 17, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-18844 Filed 7-30-15; 8:45 am]
BILLING CODE 9110-04-P